MEDIATION

 

Mediation is an alternative dispute resolution method that provides voluntary and participatory resolution of disputes between the parties. Unlike the court process, mediation focuses on resolving conflicts by bringing the parties together at the point of mutual understanding and compromise. At workBasic information about mediation:

1. Volunteering:

   • Mediation is a voluntary process between the parties. The parties decide that they want to resolve their dispute through mediation and participate in the process voluntarily.

2. Impartiality:

   • The mediator is a neutral third party. The principle of impartiality means that the mediator should consider the interests of both parties equally and avoid the position of supporting or judging any party.

3. Security:

   • The mediation process is confidential and reliable. Parties can expect that discussions and documents held during mediation will be kept confidential.

4. Participation:

   • The parties participate in the management of the mediation process and its outcome. Decisions are taken on the basis of consensus and agreement of the parties.

5. Ability to Adapt:

   • Mediation allows disputes to be resolved without a court order. Flexible solutions may be found depending on the wishes of the parties.

6. Speed and More Economic:

   • Mediation is generally faster and more economical than the court process. Due to the length and costs of court processes, mediation may be preferred as an alternative solution method.

7. Sustainable Solutions:

   • When a compromise is reached between the parties as a result of mediation, this solution can often be more sustainable because the parties considered their own interests and created the solution together.

8. Legal Binding:

   • If an agreement is reached between the parties as a result of mediation, this agreement becomes binding on the parties. The parties ensure the legal binding nature of the mediation agreement by having it approved by the court.

Mediation can resolve a wide range of disputes and can be used in many areas such as business, family, trade and construction. Mediation, which enables the parties to come together effectively and compromise, has an important place in the legal system. In addition, since the mediation process involves fewer formalities, unlike court processes, it can also have positive results in terms of maintaining relations between the parties.